Call Us
Divorce

Courts In Spain To Consider Pets’ Welfare In Divorce Cases

Many individuals think of their pets as equal members of the family. Courts in Spain would tend to agree with this assessment. Following a trend that was first started in France and Portugal, courts in Spain are starting to consider a pets’ welfare when couples decide to get a divorce. We may see couples sharing custody of their pets as the new norm moving forward.

Insights From Our
Texas Family Law Attorneys

We asked our Texas family law attorneys for their perspectives on this story and if there are any insights they can provide to Texas couples facing similar situations with their pets. Read their valuable viewpoints on the matter below.

What Did Our Texas Family Law Attorneys Think?

San Antonio divorce lawyer Ava Louviere

Ava Louviere
Associate Attorney
San Antonio, TX

As the law currently is in Texas, animals are treated as property.  Property is either separate or community.  Separate is when you have your miniature schnauzer before you were with your significant other.  Community is when you and your significant other battle it out for weeks and months before picking the perfect ONE.

The Court will often support agreements made by the parties, even if they agree to share Fluffy with one week with one and the next with the other.  However, unlike Spain and France, when parties cannot agree and ask the Court to make decisions, pets will not be treated like family.  

Like children, you need to be cautious who you share your pet with, because deciding who keeps your beloved Snoopy during the Divorce may become an issue. 

Many of our attorneys at Modern Family Law, are pet lovers and may have a tip or two to help you and Snoopy.  Give us a call today.


San Antonio family law attorney Hannah Soliz

Hannah Soliz
Associate Attorney
San Antonio, TX

“Many people consider their pets to be a part of the family. However, in the state of Texas, your furry friends are considered personal property. What does that mean? It means that a Judge will be the one to decide where your pup will live post-divorce if you and your spouse cannot reach an agreement. If you owned your pet prior to the marriage, you’re in luck! Upon proper showing that you owned your pet prior to marriage, they are yours for the taking and considered separate property. Planning to get a dog after your big wedding day? Consider a prenuptial agreement to account for who gets to keep your future Fido in the event of divorce.”


Austin family lawyer

J. Riggs
Associate Attorney
Austin, TX

“Unfortunately, in Texas, pets are considered property. Getting a judge to order a custody arrangement for your furry friend is highly unlikely. If there is a disagreement as to who is awarded your pet, then it would be important to know whether you obtained your pet before or after the date of marriage. If your pet is a service animal for any reason, there might be additional laws that would apply.

If you and your soon-to-be-ex want to agree to a custody arrangement, that is 100% possible! Parties can agree on how to care for and use certain assets.

If you have questions regarding your furry, scaley, or feathered companion, call Modern Family Law!”


Insights From Our
Texas Family Law Attorneys

We asked our Texas family law attorneys for their perspectives on this story and if there are any insights they can provide to Texas couples facing similar situations with their pets. Read their valuable viewpoints on the matter below.

What Did Our Texas
Family Law Attorneys Think?

San Antonio divorce lawyer Ava Louviere

Ava Louviere
Associate Attorney
San Antonio, TX

As the law currently is in Texas, animals are treated as property.  Property is either separate or community.  Separate is when you have your miniature schnauzer before you were with your significant other.  Community is when you and your significant other battle it out for weeks and months before picking the perfect ONE.

The Court will often support agreements made by the parties, even if they agree to share Fluffy with one week with one and the next with the other.  However, unlike Spain and France, when parties cannot agree and ask the Court to make decisions, pets will not be treated like family.  

Like children, you need to be cautious who you share your pet with, because deciding who keeps your beloved Snoopy during the Divorce may become an issue. 

Many of our attorneys at Modern Family Law, are pet lovers and may have a tip or two to help you and Snoopy.  Give us a call today.


San Antonio family law attorney Hannah Soliz

Hannah Soliz
Associate Attorney
San Antonio, TX

“Many people consider their pets to be a part of the family. However, in the state of Texas, your furry friends are considered personal property. What does that mean? It means that a Judge will be the one to decide where your pup will live post-divorce if you and your spouse cannot reach an agreement. If you owned your pet prior to the marriage, you’re in luck! Upon proper showing that you owned your pet prior to marriage, they are yours for the taking and considered separate property. Planning to get a dog after your big wedding day? Consider a prenuptial agreement to account for who gets to keep your future Fido in the event of divorce.”


Austin family lawyer

J. Riggs
Associate Attorney
Austin, TX

“Unfortunately, in Texas, pets are considered property. Getting a judge to order a custody arrangement for your furry friend is highly unlikely. If there is a disagreement as to who is awarded your pet, then it would be important to know whether you obtained your pet before or after the date of marriage. If your pet is a service animal for any reason, there might be additional laws that would apply.

If you and your soon-to-be-ex want to agree to a custody arrangement, that is 100% possible! Parties can agree on how to care for and use certain assets.

If you have questions regarding your furry, scaley, or feathered companion, call Modern Family Law!”


Our Attorneys Are Ready To Listen

Our experienced family law attorneys in Texas have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

Modern Family Law

Modern Family Law’s team of experienced Texas family law attorneys takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. Our attorneys currently practice in Colorado, California, and Texas. Click the following link to view all of our family law locations. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

Modern Family Law

Modern Family Law’s team of experienced Texas family law attorneys takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. Our attorneys currently practice in Colorado, California, and Texas. Click the following link to view all of our family law locations. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

Posted January 27, 2022
by: MFL Team


Related Resources

Divorce

5 Considerations For Choosing The Right Divorce…

Are you going through a divorce and have no idea where to begin? You might have met with a few lawyers and still don’t…

Divorce

Questions To Ask A Texas Divorce Lawyer

Looking for a divorce attorney is not as easy as it sounds. It can add to the stress of going through a divorce process.…

Divorce

Legal Grounds For Divorce In Texas

Historically, individuals needed legal grounds based on fault in order to obtain a divorce in Texas. That meant that people could not get a…

Back

Free Consultation